TMI Blog2023 (1) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... ant contends that liberty was granted in the consent terms/settlement agreement that in event any breach is committed, the Application be revived - HELD THAT:- The Adjudicating Authority did not commit any error in rejecting Section 9 Application. It has been laid down by the Hon ble Supreme Court in SWISS RIBBONS PVT. LTD. AND ANR. VERSUS UNION OF INDIA AND ORS. [ 2019 (1) TMI 1508 - SUPREME C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. This is an Appeal filed against the Order dated 03.11.2022 passed by the Adjudicating Authority (National Company Law Tribunal, Indore Bench) by which Application filed under Section 9 of the IBC, 2016 by the Appellant has been rejected. 3. The Appellant had filed earlier an Application under Section 9 in the year 2017 which was withdrawn on settlement entered into between the parties fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med as operational debt within the meaning of Section 5(21) of the IBC, 2016. 9. Apart from above, it is not in dispute that the Corporate Debtor paid the Operational Creditor the entire operational debt (principal). The Corporate Debtor has also paid a sum of Rs. 16 Lakhs towards the interest on principal sum. It is a case of the Operational Creditor that the Corporate Debtor has to pay add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this ground alone, this application is not maintainable. 10. Moreover, there appears to be a dispute about the terms of settlement agreement as far as calculation of interest amount is concerned. It cannot be resolved before this Adjudicating Authority. 4. Learned Counsel for the Appellant challenging the order contends that liberty was granted in the consent terms/settlement agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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